- (1.) NO representation for the petitioner. However, this Court deems it fit to consider the relief sought for on the basis of pleadings and material available on record.
(2.) WIFE , who has lost her husband and bread-winner due to electrocution, has sought for a compensation of Rs.5,00,000/- (Rupees Five Lakhs only) from the Tamil Nadu Electricity Board and the respondents 2 to 4. According to her, she was married to the deceased in 1993 and through the wedlock, two children were born. Her husband was engaged in agriculture, besides he was also doing a small business of selling the coconut leaves. On 08.02.2007, morning, when he had been gone to Chinnakattalai Chinnasami's poultry for putting up a roof, he had come in contact with a live electricity wire hanging at a low level and due to electrocution, he died on the spot. It was noticed by the residents only by 04.00 p.m. A message was given to Sedapatti Police Station. Photographs were taken by the police. F.I.R was registered on the same day. Post-mortem conducted revealed that the petitioner's husband died due to electric shock. The petitioner has contended that due to negligence on the part of the Executive Engineer, Operation and Maintenance, TNEB, Usilampatti (the third respondent) and the Assistant Executive Engineer (O & M), TNEB, Chennakattalai Sub-division, Madurai District (the fourth respondent), the accident occurred. She made a representation dated 10.04.2007 to the respondents, to pay the compensation. There was no response.
(3.) ACCORDING to the petitioner, after the demise of her husband, she is unable to eke out her livelihood. Her children could not be raised properly. As the accident occurred due to the negligence on the part of the respondents 3 and 4, the Tamil Nadu Electricity Board is vicariously liable to pay the compensation. Hence, the present writ petition is filed. Based on the counter affidavit filed by the Superintending Engineer, Electricity Distribution Circle, Madurai - the second respondent, Mrs.S.Srimathy, submitted that a 11 K.V. High Tension Line is passing from Chettiapatti to Allikundam village. According to her, the husband of the petitioner died on 08.02.2007, not due to the contact with the above said electric line. He died for some other reasons. Nevertheless, she submitted that the accident was a clear case of 'Act of God' and that the Tamil Nadu Electricity Board is no way responsible for his death.;